|European Case Law Identifier:||ECLI:EP:BA:2008:T116707.20080530|
|Date of decision:||30 May 2008|
|Case number:||T 1167/07|
|IPC class:||B66C 23/90|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Vehicle crane installation with limiter means|
|Applicant name:||Hojbjerg Maskinfabrik A/S|
|Relevant legal provisions:||
|Keywords:||All requests withdrawn - appeal dismissed|
Summary of Facts and Submissions
I. The appellant (applicant) filed an appeal against the decision of the Examining Division posted on 19 December 2006, refusing European patent application No. 99913134.5.
Together with its grounds of appeal, the appellant filed amended claims according to a main request and two auxiliary requests.
II. Subsequent to issuing a summons to oral proceedings, the Board issued a communication on 13 March 2008 stating its provisional opinion.
III. With its reply dated 30 April 2008, the appellant filed replacement main and auxiliary requests.
IV. Oral proceedings were held before the Board on 30 May 2008, during which the appellant withdrew all requests.
Reasons for the Decision
1. The appeal is admissible.
2. No requests in the proceedings - Article 113(2) EPC 1973
Since the appellant withdrew all requests, there is no text in the proceedings which has been submitted to the European Patent Office or agreed by the applicant on which a decision regarding the European patent application can be taken (Article 113(2) EPC 1973).
The appeal must therefore be dismissed.
For these reasons it is decided that:
The appeal is dismissed.